Court Dismisses Suit Against Arrest of Sex Workers in Abuja
The Federal High Court in Abuja has dismissed a lawsuit seeking to prevent the Federal Capital Territory (FCT) Minister, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting commercial sex workers in the capital city.
Justice James Omotosho ruled that the plaintiff’s application was procedurally flawed under the Fundamental Rights (Enforcement Procedure) Rules, 2009. He further stated that even if it were properly filed, the requested reliefs were not legally enforceable, leading to the suit’s dismissal for lack of merit.
The case was filed by the Incorporated Trustees of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent. The group named the AEPB, the FCT Minister, the Federal Capital Territory Administration, and the Attorney General of the Federation as respondents.
Legal Arguments Presented
Filed on May 14, 2024, by a team of lawyers led by Rommy Mom, Bamidele Jacobs, and Victor Eboh, the suit posed two key legal questions:
- Whether the AEPB’s duties under Section 6 of the AEPB Act, 1997, extend to the harassment, arrest, detention, and prosecution of women suspected of engaging in sex work in Abuja.
- Whether charging arrested women as “articles” and treating their bodies as “goods for purchase” in the FCT Mobile Court is discriminatory and violates Section 42 of the 1999 Constitution.
The legal team sought a declaration that such treatment was unconstitutional and requested a court order preventing the AEPB and its agents from further harassment or raids on women suspected of engaging in sex work.
Court’s Ruling
In his judgment, Justice Omotosho dismissed the application, asserting that prostitution is not part of Nigerian culture and remains an immoral act. He noted that while modernization has influenced societal norms, it does not justify the practice.
“Prostitution—known as ‘olosho’ in Yoruba, ‘akwuna-akwuna’ in Igbo, ‘karuwa’ in Hausa, or ‘hookup’ among younger generations—has never been part of our culture. It is widely regarded as shameful and deeply immoral,” the judge stated.
Citing examples from other countries, he pointed out that prostitution remains illegal in most parts of the United States, with the exception of a few counties in Nevada.
The court further ruled that individuals engaging in prostitution constitute a public nuisance in Abuja and that the AEPB has the legal authority to arrest and prosecute them.
“The prostitutes whom the plaintiff seeks to protect are vagabonds,” the judge declared. “The AEPB is acting within its rights to take enforcement measures, as their actions violate public order laws.”
Broader Implications
Justice Omotosho emphasized that the suit had no legal standing and that the claimed rights were unenforceable under Section 45 of the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
“This court questions the message the applicant intended to send by defending prostitution,” he added. “A more meaningful approach would be to focus on the development of the girl child and the preservation of womanhood, rather than advocating for immorality and the spread of sexually transmitted diseases.”
With this ruling, the AEPB and other authorities retain the legal power to arrest and prosecute sex workers in Abuja, reinforcing the government’s stance against prostitution in the capital.
